A/HRC/44/43/Add.2 of defending human rights and the environment, in compliance with the decision of the InterAmerican Court of Human Rights in the case Escaleras Mejía y otros vs. Honduras. Such an instrument would be useful to enable a context, gender and pattern analysis in the investigation of such cases (A/HRC/40/3/Add.2, para. 52). 73. The Working Group expresses its concern at some of the criminal offences described in the new Criminal Code, such as “usurpation”, “meetings and illegal demonstrations” and “association to commit crimes”, which could lead to the imposition of undue restrictions on the freedoms of assembly and expression and participation. Another matter of concern is the amendment on terrorism, which defines “terrorist associations” as any group of two or more people who commit a crime with the intention of “gravely subverting the constitutional order or provoking a state of terror in the population or part of it.”23 Such vague and broad terminology may criminalize individuals exercising their rights to the freedoms of expression, assembly and association. 74. In addition, the offence of unlawful occupation of a premises, as defined in the new Criminal Code, may result in the criminalization of individuals who are exercising their right to peaceful demonstrations in the context of, for example, evictions, even when the persons concerned have no intention of taking possession of the premises in question. 75. The Working Group called upon Congress to delay implementation of the new Criminal Code, and to consider reviewing it in the light of regional and international human rights standards, as demanded by many stakeholders and regional and international human rights mechanisms, including OHCHR and the Inter-American Commission on Human Rights. The Working Group is alarmed to note, however, that, despite these calls, the new Criminal Code is due to enter into force in May 2020. VI. Access to remedy and accountability 76. While the justice system seems to be frequently used to prosecute human rights defenders, the same does not appear to be the case for investigations into crimes committed against defenders. According to the Special Rapporteur on the situation of human rights defenders, between 2015 and October 2018 at least 43 human rights defenders were killed, 76 journalists were murdered between 2001 and 2017 and more than 120 land rights defenders were killed between 2010 and 2017 (A/HRC/40/60/Add.2, para. 23). Impunity and lack of investigation into attacks in the context of development projects remain the rule rather than the exception. 77. Over the past six years, Honduras has undertaken various initiatives to improve access to justice and to ensure accountability, including for abuses relating to business activities; for example, in 2018, the Office of the Special Prosecutor for the Protection of Human Rights Defenders, Journalists, Media Workers and Justice System Actors was opened. The Office, staffed by five prosecutors, has been tasked to investigate serious threats to human rights defenders. It remains unclear at this early stage what impact the mechanism will have on strengthening protection of defenders. At the time of the visit by the Working Group, many defenders still had not filed complaints with the mechanism because of their lack of trust in it. 78. The law on the protection of human rights defenders, journalists, media workers and justice system actors, adopted in 2015, led, with the support of human rights defenders and civil society, to the establishment of the national protection mechanism. In the period from 2015 to 2019, the mechanism had its budget increased by 142 per cent and processed 521 requests for protection measures, of which 384 were admitted and 137 dismissed for not meeting the requirements set out in the law. As at 30 December 2019, 204 people benefited from protection measures. The establishment of the mechanism represents a landmark development for the protection of human rights defenders, union leaders, journalists and lawyers. The Working Group commends the Government for this initiative and welcomes the development of a manual for risk assessments that take into account gender and indigenous 23 https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/HND/INT_CCPR_FCO_HND_ 32137_S.pdf. 13